The Hopes and Fears of All the Years: 30 Years behind and the Road Ahead for the Widespread Use of Mediation

29 Pages Posted: 13 Oct 2016

See all articles by Lela P. Love

Lela P. Love

Yeshiva University - Benjamin N. Cardozo School of Law

Ellen A. Waldman

Thomas Jefferson School of Law

Date Written: October 10, 2016

Abstract

Looking through the windshield in 1985, the dispute resolution community was enthusiastic about mediation's promise: the promise of a radically different paradigm premised on party-driven resolution and collaborative decision-making. Peering ahead, mediation's pioneers anticipated a quiet revolution in conflict management toward more therapeutic and democratic processes. What do events in the last three decades tell us about the high and low points — the successes and failures — in the journey of that endeavor? Looking forward, how might we best align reality with our highest aspirations and avoid the disappointing troughs we encountered in those past decades? This article addresses those questions.

Keywords: Mediation, Dispute Resolution, ADR

Suggested Citation

Love, Lela P. and Waldman, Ellen, The Hopes and Fears of All the Years: 30 Years behind and the Road Ahead for the Widespread Use of Mediation (October 10, 2016). Ohio State Journal on Dispute Resolution, Vol. 31, No. 2, 2016; Cardozo Legal Studies Research Paper No. 497; Thomas Jefferson School of Law Research Paper No. 2849468. Available at SSRN: https://ssrn.com/abstract=2849468

Lela P. Love (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States
(212) 790-0365 (Phone)
(212) 790-0205 (Fax)

Ellen Waldman

Thomas Jefferson School of Law ( email )

701 B Street
Suite 110
San Diego, CA 92101
United States
619-961-4346 (Phone)

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